Kerala High Court
Ajesh P vs State Of Kerala on 17 August, 2016
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938
WP(C).No. 31538 of 2016 (N)
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PETITIONER(S):
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AJESH P.
S/O. PAZHANGANDI, PUZHAKKAL HOUSE, MAMBAD,
KIZHAKKANCHERRY P.O., PIN-678 684.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PALAYAM P.O., PIN-695 033.
2. THE COMMISSION OF POLICE
THRISSUR, OFFICE OF THE COMMISSIONER, PALLIMOOLA,
RAMAVARMAPURAM ROAD, MANNUMKAD, RAMAVARMAPURAM,
THRISSUR-680 631.
3. THE SUB INSPECTOR OF POLICE
THRISSUR EAST POLICE STATION, NEW PATTALAM ROAD,
SAKTHAN THAMPURAN NAGAR, THRISSUR, KERALA-680 001.
4. SUDHEER KUMAR A.MOHANAN
"GOODWIN", DEE PEE PLAZA, KOKKALA P.O.,
THRISSUR DISTRICT-682 021.
5. SUNIL KUMAR MOHANAN
"GOODWIN", DEE PEE PLAZA, KOKKALA P.O.,
THRISSUR DISTRICT-682 021.
6. BAIJU
"GOODWIN", DEE PEE PLAZA, KOKKALA P.O.,
THRISSUR DISTRICT-682 021.
7. RATHEESH
"GOODWIN", DEE PEE PLAZA, KOKKALA P.O.,
THRISSUR DISTRICT-682 021.
R BY GOVERNMENT PLEADER, SRI. T.R.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-
2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CONTD...
:2:
WP(C).No. 31538 of 2016 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR AS CMP NO.4944/2016, DATED 17.8.2016.
EXHIBIT P2 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.2994/2016 OF
THRISSUR EAST POLICE STATION, DATED 25.8.2016.
EXHIBIT P3 COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 9.9.2016.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN.V, J
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W.P.C. No. 31538 of 2016
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Dated this the 23rd day of November, 2016
JUDGMENT
1.The petitioner is the de facto complainant in Crime No.2994 of 2016 of the Thrissur East Police Station. The 3rd respondent is the investigating officer and the grievance of the petitioner is that the investigation conducted by him is laggardly and unfair. According to the petitioner, he was wrongfully restrained in the conference hall of 'Goodvin jewellery' and after physically assaulting him his signatures were obtained in various papers with intent to create false documents. Though the aforesaid incident is recorded in the CC TV, the 3rd respondent has not taken any steps to apprehend the miscreants is the grievance.
2.The prayer in this petition filed under Article 226 of the Constitution of India is to issue necessary directions to the W.P.C. No. 31538 of 2016 2 2nd respondent to take over the investigation and to bring the culprits to book.
3.The learned Public Prosecutor on instructions submits that the apprehension of the petitioner about the probity of the investigation is misconceived. According to the learned counsel, the investigation is proceeding in a free and fair manner.
4.I have taken note of the rival submissions. The Crime was registered on 18.7.2016 and if the submission of the petitioner that the accused has not been arrested till date is correct, it is a cause of concern. However, the submissions of the learned Public Prosecutor that the investigation would be expedited and report shall be filed before court as expeditiously as possible is recorded. The 2nd respondent shall monitor the investigation that is being conducted by the 3rd respondent on a regular basis and W.P.C. No. 31538 of 2016 3 give necessary inputs to the 3rd respondent. In the result, this Writ Petition is disposed of directing the 3rd respondent to diligently and with all vigour investigate Crime No.2994 of 2016 of Thrissur East Police Station under the effective supervision of the 2nd respondent and to submit the final report before the jurisdictional court expeditiously.
Sd/-
RAJA VIJAYARAGHAVAN.V. JUDGE SKS //TRUE COPY// P.A. TO JUDGE